Vawa part3

[somone 6]

I don't want to get my hopes up! But I believe my I-360 got approved feb 15 2013 I just checked my status today on the website usicis.gov and it says.... On February 15, 2013, we mailed you a notice that we have approved this I360 PETITION FOR AMERASIAN, WIDOWER, OR SPECIAL IMMIGRANT. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283. Anyone on here get the same message? I haven't received an actual letter from my lawyer or a phone call from her.

congrats are in orders enjoy your new life dear!

[somone 6]

Sandranj or Hypnos any of you familiar with the "ARRABALLY and YERRABELLY " case ?

the BIA made a decision on their case in April 2012 ? re:

unlawfulness and advance parole ?

this is soooo confusing at times!!!

thxs for your input.

[Hypnos 6,576]

Matters of Arrabally and Yerrabally dealt with this precise issue of advance parole not overcoming the statutory bars from the US incurred when you overstay for 180 days (3 year bar) and 365 days (10 year bar). The BIA held that such bars, even incurred, should not prevent someone departing and then returning to the US using AP.

The issue is that this is not yet settled law, so no one should rely on either of these cases. Hopefully further guidance is issued at some point, because right now there are contradictory points of law and logic.

Sandra, I have not been able to find anything that states that VAWA applicants with a pending I-485 cannot travel outside the US using AP. That's not to say you aren't right, but I couldn't find anything confirming it one way or another.

[Sandra G. 5,051]

Somone the Matter of Arrabaly and Yerrabeli considered if an alien who leaves USA with AP does not make a departure for purposes if section 212(a)(9)(i)(II), it means won't trigger the 3/10 year-bar. Now we have to see how DHS responds to this new decision,because we know that AP does not guarantee admission into the United States,because of that most of the Lawyers advise not to travel abroad with pending I-485 if you accrued unlawful presence.

The Uscis Ombudsman states regarding Advance Parole:

"Travel Warning Regarding Unlawful Presence

If you were unlawfully in the United States for certain periods of time and depart the country, you may not be able to return".

http://www.dhs.gov/ombudsman-update-advance-parole-tips

[Sandra G. 5,051]

Hypnos as I said I attended the stakeholder Conference and they discussed about traveling abroad with Vawa pending and they were very clear "not to travel with Vawa pending".

[lorphelpme 9]

[quote name=Cc1988' timestamp='136140

7844' post='5993259]

I don't want to get my hopes up! But I believe my I-360 got approved feb 15 2013 I just checked my status today on the website usicis.gov and it says.... On February 15, 2013, we mailed you a notice that we have approved this I360 PETITION FOR AMERASIAN, WIDOWER, OR SPECIAL IMMIGRANT. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283. Anyone on here get the same message? I haven't received an actual letter from my lawyer or a phone call from her.

Hey congrats when did you file? Did u get rfe if yes and how long after rfe u got approved

[lorphelpme 9]

Hey guys for those who got rfe how long did it take for you to get an approval after sending in response to rfe. Please post. Thanks

[Cc1988 2]

Hey guys for those who got rfe how long did it take for you to get an approval after sending in response to rfe. Please post. Thanks

[/quote

I filed August 2011 got RFE the very beginning of January sent the information back right away and so it really only took about a month and a half to get approval.

[liveurlife 0]

Thanks Lorphelpme.I'm counting days now,i just want it to be over.

I submitted my RFE for I-360/it was received by VSC on Sept 28th,mine was approved exactly 13days after that (oct 13),notice of approval & deferred action sent out on the 26th oct,case was touched on 19th Nov & 21st nov after i sent in request for renewal EAD,touched again Dec 18th(case transferred to NBC,MO & local office),EAD received dec 21st.January 18th,local office sent out interview notice for feb 24th but they later realized that day was a sunday & resent a rescheduled notice on Jan 21st for Feb 25th which is this coming monday.

So from the time i got approval of I-360 to the time interview notice was sent, my case was touched every month.

[positivity888 3]

Posivity888 do not travel abroad because they wont allow you to reenter, not even with vawa approved.You can travel just after receiving your green card.

Ok thanks for the advice Sandranj you are a big help to this community. God Bless.

[liveurlife 0]

liveurlife make sure you take to the interview all original documents such as birth certificate and respective translation, marriage certificate, divorce certificate if you have and documents regarding the abuse and bonafide marriage.Good luck.

Thanks Sandranj,u have no idea how ready i am.I've dealt wih USCIS so much in the past that i'm more than ready to have this day over with.My 1st AOS was rescheduled about 4times.I've gone for 2 interviews myself in the past when my husband didn't accompany me.

My attorney will accompany me but even if i didn't have her, i would still have gone by myself.With USCIS,its better to have a lot than too little & i'm using my laptop bag to carry all my documents on that day.They did not ask me to come with anything though except letter of employment,so whatever they might still need,i guess i'll have to find out on the interview date so long as that interview will be done with on that day.

All i need now is lots of Goodluck.

Thanks to you and everyone in the forum,i'll let you guys know how it all went.

[somone 6]

thxs Hypnos and Sandranj ...you guys are much appreciated.

[lorphelpme 9]

Hey guys for those who got rfe how long did it take for you to get an approval after sending in response to rfe. Please post. Thanks

[/quote

I filed August 2011 got RFE the very beginning of January sent the information back right away and so it really only took about a month and a half to get approval.

Oh great we filed the same time I got my rife on December and just sent it out so hopefully some good news soon

Thanks Lorphelpme.I'm counting days now,i just want it to be over.

I submitted my RFE for I-360/it was received by VSC on Sept 28th,mine was approved exactly 13days after that (oct 13),notice of approval & deferred action sent out on the 26th oct,case was touched on 19th Nov & 21st nov after i sent in request for renewal EAD,touched again Dec 18th(case transferred to NBC,MO & local office),EAD received dec 21st.January 18th,local office sent out interview notice for feb 24th but they later realized that day was a sunday & resent a rescheduled notice on Jan 21st for Feb 25th which is this coming monday.

So from the time i got approval of I-360 to the time interview notice was sent, my case was touched every month.

Ohh thanks sounds great wishing u best of luck let us know know how it goes

[lorphelpme 9]

Hey guys quick question yet again lol. I just got text saying that my status has been updated to request for evidence review does that mean they just got the package or the io is working on my case. Just nerve racking.hopefully good news soon.thanks

[Sandra G. 5,051]

-lorphelpme the next step after you answer the request of evidence will be the decision of your case or an RFE again.

Edited February 23, 2013 by sandranj